Notice of Regulatory Waiver Requests Granted for the Third Quarter of Calendar Year 2021
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Abstract
Section 106 of the Department of Housing and Urban Development Reform Act of 1989 (the HUD Reform Act) requires HUD to publish quarterly Federal Register notices of all regulatory waivers that HUD has approved. Each notice covers the quarterly period since the previous Federal Register notice. The purpose of this notice is to comply with the requirements of section 106 of the HUD Reform Act. This notice contains a list of regulatory waivers granted by HUD during the period beginning on July 1, 2021, and ending on September 30, 2021, including those made pursuant to the CARES Act.
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<title>Federal Register, Volume 87 Issue 50 (Tuesday, March 15, 2022)</title>
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[Federal Register Volume 87, Number 50 (Tuesday, March 15, 2022)]
[Notices]
[Pages 14554-14564]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-05353]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-6268-N-03]
Notice of Regulatory Waiver Requests Granted for the Third
Quarter of Calendar Year 2021
AGENCY: Office of the General Counsel, HUD.
ACTION: Notice.
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SUMMARY: Section 106 of the Department of Housing and Urban Development
Reform Act of 1989 (the HUD Reform Act) requires HUD to publish
quarterly Federal Register notices of all regulatory waivers that HUD
has approved. Each notice covers the quarterly period since the
previous Federal Register notice. The purpose of this notice is to
comply with the requirements of section 106 of the HUD Reform Act. This
notice contains a list of regulatory waivers granted by HUD during the
period beginning on July 1, 2021, and ending on September 30, 2021,
including those made pursuant to the CARES Act.
FOR FURTHER INFORMATION CONTACT: For general information about this
notice, contact Aaron Santa Anna, Associate General Counsel for
Legislation and Regulations, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 10282, Washington, DC 20410-
0500, telephone 202-708-5300 (this is not a toll-free number). Persons
with hearing- or speech-impairments may access this number through TTY
by calling the toll-free Federal Relay Service at 800-877-8339.
For information concerning a particular waiver that was granted and
for which public notice is provided in this document, contact the
person whose name and address follow the description of the waiver
granted in the accompanying list of waivers that have been granted in
the third quarter of calendar year 2021.
SUPPLEMENTARY INFORMATION: Section 106 of the HUD Reform Act added a
new section 7(q) to the Department of Housing and Urban Development Act
(42 U.S.C. 3535(q)), which provides that:
1. Any waiver of a regulation must be in writing and must specify
the grounds for approving the waiver;
2. Authority to approve a waiver of a regulation may be delegated
by the Secretary only to an individual of Assistant Secretary or
equivalent rank, and the person to whom authority to waive is delegated
must also have authority to issue the particular regulation to be
waived;
3. Not less than quarterly, the Secretary must notify the public of
all waivers of regulations that HUD has approved, by publishing a
notice in the Federal Register. These notices (each covering the period
since the most recent previous notification) shall:
a. Identify the project, activity, or undertaking involved;
b. Describe the nature of the provision waived and the designation
of the provision;
c. Indicate the name and title of the person who granted the waiver
request;
d. Describe briefly the grounds for approval of the request; and
e. State how additional information about a particular waiver may
be obtained.
Section 106 of the HUD Reform Act also contains requirements
applicable to
[[Page 14555]]
waivers of HUD handbook provisions that are not relevant to the purpose
of this notice.
This notice follows procedures provided in HUD's Statement of
Policy on Waiver of Regulations and Directives issued on April 22, 1991
(56 FR 16337). In accordance with those procedures and with the
requirements of section 106 of the HUD Reform Act, waivers of
regulations are granted by the Assistant Secretary with jurisdiction
over the regulations for which a waiver was requested. In those cases
in which a General Deputy Assistant Secretary granted the waiver, the
General Deputy Assistant Secretary was serving in the absence of the
Assistant Secretary in accordance with the office's Order of
Succession.
This notice covers waivers of regulations granted by HUD from July
1, 2021, through September 30, 2021. For ease of reference, the waivers
granted by HUD are listed by HUD program office (for example, the
Office of Community Planning and Development, the Office of Housing,
and the Office of Public and Indian Housing, etc.). Within each program
office grouping, the waivers are listed sequentially by the regulatory
section of title 24 of the Code of Federal Regulations (CFR) that is
being waived. For example, a waiver of a provision in 24 CFR part 58
would be listed before a waiver of a provision in 24 CFR part 570.
Where more than one regulatory provision is involved in the grant
of a particular waiver request, the action is listed under the section
number of the first regulatory requirement that appears in 24 CFR and
that is being waived. For example, a waiver of both Sec. 58.73 and
Sec. 58.74 would appear sequentially in the listing under Sec. 58.73.
Waiver of regulations that involve the same initial regulatory
citation are in time sequence beginning with the earliest-dated
regulatory waiver.
Additionally, this notice includes waivers made pursuant to the
Coronavirus Aid, Relief and Economic Security Act (CARES Act), not
previously published in the Federal Register. These waivers are listed
separately from other individual waivers within each program office
grouping, as CARES Act waivers broadly covered all affected parties
rather than individual, case-by-case situations.
Should HUD receive additional information about waivers granted
during the period covered by this report (the third quarter of calendar
year 2021) before the next report is published (the fourth quarter of
calendar year 2021), HUD will include any additional waivers granted
for the third quarter in the next report.
Accordingly, information about approved waiver requests pertaining
to HUD regulations is provided in the Appendix that follows this
notice.
Damon C. Smith,
General Counsel.
Appendix
Listing of Waivers of Regulatory Requirements Granted by Offices of the
Department of Housing and Urban Development July 1, 2021, Through
September 30, 2021
Note to Reader: More information about the granting of these
waivers, including a copy of the waiver request and approval, may be
obtained by contacting the person whose name is listed as the
contact person directly after each set of regulatory waivers
granted.
The regulatory waivers granted appear in the following order:
I. Regulatory Waivers Granted by the Office of Community Planning
and Development.
II. Regulatory Waivers Granted by the Office of Housing.
III. CARES Act Waivers Contained in CPD Notice 21-08 (July 19, 2021)
I. Regulatory Waivers Granted by the Office of Community Planning and
Development
For further information about the following regulatory waivers,
please see the name of the contact person that immediately follows
the description of the waiver granted.
<bullet> Regulation: 24 CFR 91.105(c)(2), and (k); 24 CFR
91.115(c)(2), and (i); and 24 CFR 91.401.
Project/Activity: Any HUD Community Planning and Development
(CPD) grantee located in the counties included in the declared-
disaster area (see FEMA-DR-4611) seeking to expedite action in
response to Hurricane Ida, upon notification to the Community
Planning and Development Director in its respective HUD Field
Office.
Nature of Requirement: The regulations at 24 CFR 91.105(c)(2)
and (k); 24 CFR 91.115(c)(2), and (i); and 24 CFR 91.401 require a
30-day public comment period prior to the implementation of a
substantial amendment.
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 3, 2021.
Reason Waived: Hurricane Ida caused substantial damage to
communities in Louisiana. As a result of substantial property loss
and destruction, many individuals and families residing in the
declared-disaster areas were displaced from their homes, including
beneficiaries of various CPD programs, and families eligible to
receive CPD program assistance. Some individuals and families
continued to live in homes with habitability deficits, particularly
related to potable water and electricity. A presidential disaster
declaration was issued on August 29, 2021, (FEMA-DR-4611) for
Hurricane Ida. In reducing the comment period to seven days, this
waiver balances the need to quickly assist families dealing with the
after-effects of Hurricane Ida while continuing to provide
reasonable notice and opportunity for citizens to comment on the
proposed uses of CDBG, HOME, HTF, HOPWA, and ESG funds.
Contact: James E. H[ouml]emann, Director, Entitlement
Communities Division, Community Planning and Development, Department
of Housing and Urban Development, 451 Seventh Street SW, Room 7282,
Washington, DC 20410, telephone (202) 402-5716.
<bullet> Regulation: 24 CFR 91.105(c)(2), and (k); 24 CFR
91.115(c)(2), and (i); and 24 CFR 91.401.
Project/Activity: Any HUD Community Planning and Development
(CPD) grantee located in the counties included in the declared-
disaster area (see FEMA-DR-4614 and FEMA-DR-4615) seeking to
expedite action in response to the remnants of Hurricane Ida, upon
notification to the Community Planning and Development Director in
its respective HUD Field Office.
Nature of Requirement: The regulations at 24 CFR 91.105(c)(2)
and (k); 24 CFR 91.115(c)(2), and (i); and 24 CFR 91.401 require a
30-day public comment period prior to the implementation of a
substantial amendment.
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 9, 2021.
Reason Waived: The remnants of Hurricane Ida caused substantial
damage to communities in New York and New Jersey. As a result of
substantial property loss and destruction, many individuals and
families residing in the declared-disaster areas were displaced from
their homes, including beneficiaries of various CPD programs, and
families eligible to receive CPD program assistance. Some
individuals and families continued to live in homes with
habitability deficits, particularly related to potable water and
electricity. A presidential disaster declaration was issued on
September 5, 2021, (FEMA-DR-4614 and FEMA-DR-4615) for the remnants
of Hurricane Ida. In reducing the comment period to seven days, this
waiver balances the need to quickly assist families dealing with the
after-effects of Hurricane Ida while continuing to provide
reasonable notice and opportunity for citizens to comment on the
proposed uses of CDBG, HOME, HTF, HOPWA, and ESG funds.
Contact: James E. H[ouml]emann, Director, Entitlement
Communities Division, Community Planning and Development, Department
of Housing and Urban Development, 451 Seventh Street SW, Room 7282,
Washington, DC 20410, telephone (202) 402-5716.
<bullet> Regulation: 24 CFR 91.105(c)(2), and (k) and 24 CFR
91.115(c)(2), and (i).
Project/Activity: Any HUD Community Planning and Development
(CPD) grantee located in the counties included in the declared-
disaster area (see FEMA-DR-4611) seeking to expedite action in
response to Hurricane Ida, upon notification to the Community
Planning and Development Director in its respective HUD Field
Office.
[[Page 14556]]
Nature of Requirement: The regulations at 24 CFR 91.105(c)(2)
and (k) and 24 CFR 91.115(c)(2) and (i) require grantees to provide
reasonable notice and opportunity to comment, in accordance with a
grantee's citizen participation plan, for substantial amendments to
the consolidated plan. The citizen participation plan must state how
reasonable notice and opportunity to comment will be given.
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 3, 2021.
Reason Waived: HUD recognizes that the destruction wrought by
Hurricane Ida makes it difficult for impacted jurisdictions in
Louisiana to provide notice to their citizens in accordance with
their citizen participation plans. HUD's waiver will allow these
grantees to determine what constitutes reasonable notice and
opportunity to comment on substantial amendments through the end of
their 2021 program year.
Contact: James E. H[ouml]emann, Director, Entitlement
Communities Division, Community Planning and Development, Department
of Housing and Urban Development, 451 Seventh Street SW, Room 7282,
Washington, DC 20410, telephone (202) 402-5716.
<bullet> Regulation: 24 CFR 91.105(c)(2), and (k) and 24 CFR
91.115(c)(2), and (i).
Project/Activity: Any HUD Community Planning and Development
(CPD) grantee located in the counties included in the declared-
disaster area (see FEMA-DR-4614 and FEMA-DR-4615) seeking to
expedite action in response to the remnants of Hurricane Ida, upon
notification to the Community Planning and Development Director in
its respective HUD Field Office.
Nature of Requirement: The regulations at 24 CFR 91.105(c)(2)
and (k) and 24 CFR 91.115(c)(2) and (i) require grantees to provide
reasonable notice and opportunity to comment, in accordance with a
grantee's citizen participation plan, for substantial amendments to
the consolidated plan. The citizen participation plan must state how
reasonable notice and opportunity to comment will be given.
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 9, 2021.
Reason Waived: HUD recognizes that the destruction wrought by
the remnants of Hurricane Ida make it difficult for impacted
jurisdictions in New York and New Jersey to provide notice to their
citizens in accordance with their citizen participation plans. HUD's
waiver will allow these grantees to determine what constitutes
reasonable notice and opportunity to comment on substantial
amendments through the end of their 2021 program year.
Contact: James E. H[ouml]emann, Director, Entitlement
Communities Division, Community Planning and Development, Department
of Housing and Urban Development, 451 Seventh Street SW, Room 7282,
Washington, DC 20410, telephone (202) 402-5716.
<bullet> Regulation: 24 CFR 92.203(a)(1) and (2).
Project/Activity: Families displaced by the disaster (as
documented by FEMA registration) whose income documentation was
destroyed or made inaccessible by Hurricane Ida.
Nature of Requirement: These sections of the HOME regulation
require initial income determinations for HOME beneficiaries by
examining source documents covering the most recent two months. Many
families whose housing was destroyed or damaged by Hurricane Ida
will not have any documentation of income and will not be able to
qualify for HOME assistance if the requirement remains effective.
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 3, 2021, for LA, September 9, 2021, for
NY/NJ.
Reason Waived: This waiver permits the participating
jurisdiction to use self-certification of income, as provided in
Sec. 92.203(a)(1)(ii), in lieu of source documentation to determine
eligibility for HOME assistance of persons displaced by Hurricane
Ida.
Applicability: This waiver applies only to families displaced by
the disaster (as documented by FEMA registration) whose income
documentation was destroyed or made inaccessible by Hurricane Ida
and remains in effect for six months from the date of this
memorandum. The participating jurisdiction or, as appropriate, HOME
project owner, is required to maintain: (1) A record of FEMA
registration to demonstrate that a family was displaced by Hurricane
Ida; and (2) a statement signed by appropriate family members
certifying to the family's size and annual income and that the
family's income documentation was destroyed or is inaccessible.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, U.S. Department of Housing and Urban Development,
451 Seventh Street SW, Room 7160, Washington, DC 20410, telephone
(202) 708-2684.
<bullet> Regulation: 24 CFR 92.205(e)(2) and 24 CFR 92.64(a)
(Insular Areas).
Project/Activity: Four-Year Project Completion Deadline.
Nature of Requirement: The provision requires that projects
assisted with HOME funds be completed within 4 years of the date
that HOME funds were committed. If the project is not complete, in
accordance with the definition of ``project completion'' at 24 CFR
92.2, by the deadline, the project is involuntarily terminated in
HUD's Integrated Data Information System (IDIS), and the PJ must
repay all funds invested in the project. The regulations permit a PJ
to request an extension of the deadline for up to one year. 24 CFR
92.64(a) applies these requirements to Insular Areas.
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 27, 2021.
Reason Waived: This waiver is necessary to provide additional
time to permit completion of HOME-assisted projects that may be
delayed because of the impact of COVID-19 on project timelines.
These delays may occur because of worker illnesses or efforts to
reduce the spread of COVID-19, such as smaller construction crews or
delays in local permitting or inspections due to government office
closures.
Applicability: This waiver applies to projects with 4-year
project completion deadlines that occurred or will occur on after
April 10, 2020, including projects with deadlines that were extended
for one-year pursuant to an approved request under 24 CFR
92.205(e)(2) if such extension was in effect on or after April 10,
2020. The completion deadlines for covered projects will be extended
to March 31, 2022.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, U.S. Department of Housing and Urban Development,
451 Seventh Street SW, Room 7160, Washington, DC 20410, telephone
(202) 708-2684.
<bullet> Regulation: 24 CFR 92.218 and 92.222(b).
Project/Activity: Any participating jurisdiction located in the
areas included in the declared-disaster area (see FEMA-DR-4611-LA or
FEMA-DR-4614-NJ and DR-4615-NY) which were damaged by Hurricane Ida.
Nature of Requirement: This provision requires all HOME
participating jurisdictions to contribute throughout the fiscal year
to housing that qualifies as affordable housing under the HOME
program. The contributions must total no less than 25 percent of the
HOME funds drawn from the participating jurisdiction's HOME
Investment Trust Fund Treasury account. Reducing the match
requirement for the participating jurisdiction by 100 percent for FY
2022 and FY 2023 will eliminate the need for the participating
jurisdiction to identify match for HOME projects related to the
damage caused by Hurricane Ida. The requirement that the
participating jurisdiction must submit a copy of the Presidential
major disaster-declaration is waived.
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 3, 2021, for LA, September 9, 2021, for
NY/NJ.
Reason Waived: Given the urgent housing needs created by
Hurricane Ida and the substantial financial impact the participating
jurisdiction will face in addressing those needs, the approval of a
match reduction will relieve the participating jurisdiction from the
need to identify and provide matching contributions to HOME
projects.
Applicability: This match reduction applies to funds expended by
a participating jurisdiction located in the declared-disaster area
from October 1, 2020, through September 30, 2023. The suspension
also applies to State-funded HOME projects located in declared-
disaster areas.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, U.S. Department of Housing and Urban Development,
451 Seventh Street SW, Room 7160, Washington, DC 20410, telephone
(202) 708-2684.
<bullet> Regulation: 24 CFR 92.218 and 92.222(b).
Project/Activity: Matching Contribution.
Nature of Requirement: The regulations require all HOME PJs to
contribute
[[Page 14557]]
throughout the fiscal year to housing that qualifies as affordable
housing under the HOME program. The contributions must total no less
than 25 percent of the HOME funds drawn from the PJ's HOME
Investment Trust Fund Treasury account.
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 27, 2021.
Reason Waived: The COVID-19 pandemic has drastically reduced
economic activity, reducing state and local tax revenues, and
placing financial strain on PJs as they deliver urgently needed
public health, emergency housing, education, and community and
social services. Reducing the matching requirement for PJs in areas
covered by a major disaster declaration by 100 percent for FY 2020,
2021 and FY 2022 will ease the economic burden on PJs and eliminate
the need for them to identify other sources of match for HOME
activities. Given the urgent housing and economic needs created by
COVID-19, and the substantial financial impact the PJ will face in
addressing those needs, waiver of these regulations will relieve the
PJ from the need to identify and provide matching contributions to
HOME projects.
Applicability: This match reduction waiver is in effect from
October 19, 2019, until September 30, 2022, and applies to funds
expended by a PJ for FY 2020, FY 2021, and FY 2022.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, U.S. Department of Housing and Urban Development,
451 Seventh Street SW, Room 7160, Washington, DC 20410, telephone
(202) 708-2684.
<bullet> Regulation: 24 CFR 92.251.
Project/Activity: Any housing units located in the areas
included in the declared-disaster area (see FEMA-DR-4611-LA or FEMA-
DR-4614-NJ and DR-4615-NY) which were damaged by Hurricane Ida and
to which HOME funds are committed within two years of the date of
the memorandum.
Nature of Requirement: This provision requires that housing
assisted with HOME funds meet property standards based on the
activity undertaken, i.e., homebuyer assistance, and state and local
standards and codes or model codes for rehabilitation and new
construction. Property standard requirements are waived for repair
of properties damaged by Hurricane Ida. Units must meet State and
local health and safety codes. The lead housing safety regulations
established in 24 CFR part 35 are not waived.
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 3, 2021, for LA, September 9, 2021, for
NY/NJ.
Reason Waived: This waiver is required to enable the
participating jurisdiction to meet the critical housing needs of
families whose housing was damaged and families who were displaced
by Hurricane Ida.
Applicability: This waiver applies only to housing units located
in the declared-disaster areas which were damaged by the disaster
and to which HOME funds are committed within two years of the date
of this memorandum.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, U.S. Department of Housing and Urban Development,
451 Seventh Street SW, Room 7160, Washington, DC 20410, telephone
(202) 708-2684.
<bullet> Regulation: 24 CFR 92.252(d)(1) Utility Allowance
Requirements.
Project/Activity: The State of California and Alameda County
requested a waiver of 24 CFR 92.252(d)(1) to allow use of the
utility allowance established by the local public housing agency
(PHA) for two HOME-assisted projects--Mission Court Nine and
Manzanita Family Apartments.
Nature of Requirement: The regulation at 24 CFR 92.252(d)(1)
requires participating jurisdictions to establish maximum monthly
allowances for utilities and services (excluding telephone) and
update the allowances annually. However, participating jurisdictions
are not permitted to use the utility allowance established by the
local public housing authority for HOME-assisted rental projects for
which HOME funds were committed on or after August 23, 2013.
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: July 23, 2021.
Reason Waived: The HOME requirements for establishing a utility
allowances conflict with Project Based Voucher program requirements.
It is not possible to use two different utility allowances to set
the rent for a single unit and it is administratively burdensome to
require a project owner establish and implement different utility
allowances for HOME-assisted units and non-HOME assisted units in a
project. This waiver will make quality affordable housing available
to Project-Based Voucher (PBV) program participants by permitting
the use of HOME funds in PBV-assisted projects.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, U.S. Department of Housing and Urban Development,
451 Seventh Street SW, Room 7160, Washington, DC 20410, telephone
(202) 708-2684.
<bullet> Regulation: 24 CFR 92.504(d)(1)(ii) and 24 CFR 92.64(a)
(Insular Areas).
Project/Activity: Ongoing Periodic Inspections of HOME-assisted
Rental Housing.
Nature of Requirement: These provisions require that during the
period of affordability PJs perform on-site inspections of HOME-
assisted rental housing to determine compliance with the property
standards at 24 CFR 92.251 and to verify the information submitted
by the owners in accordance with the income and rent requirements of
section 92.252. Onsite inspections must occur at least once every
three years during the period of affordability. 24 CFR 92.64(a)
applies these requirements to Insular Areas.
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 27, 2021.
Reason Waived: Waiving the requirement to perform ongoing on-
site inspections will help protect PJ staff and limit the spread of
COVID-19. To protect PJ staff and reduce the spread of COVID-19,
this waiver extends the timeframe for PJs to perform on-going
periodic inspections and on-site reviews to determine a HOME rental
project's compliance with property standards and rent and income
requirements.
Applicability: The waiver is applicable to ongoing periodic
inspections. Within 180 days of the end of this waiver period, PJs
must physically inspect units that would have been subject to
ongoing inspections since the waiver period began on April 10, 2020.
The waiver is also applicable to on-site reviews to determine a HOME
rental project's compliance with rent and income requirements if the
project owner is unable to make documentation available
electronically. The waiver is in effect through December 31, 2021.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, U.S. Department of Housing and Urban Development,
451 Seventh Street SW, Room 7160, Washington, DC 20410, telephone
(202) 708-2684.
<bullet> Regulation: 24 CFR 92.504(d)(1)(iii); 24 CFR 92.209(i)
requirement for annual re-inspections and 24 CFR 92.64(a) (Insular
Areas).
Project/Activity: Housing Quality Standards--Annual Inspections
of TBRA Units.
Nature of Requirement: These provisions require PJs to annually
inspect each unit occupied by a recipient of HOME TBRA. 24 CFR
92.64(a) applies these requirements to Insular Areas.
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 27, 2021.
Reason Waived: Waiving the requirement that annual re-
inspections be performed according to schedule will protect the
health of both inspectors and TBRA tenants by observing physical
distancing recommendations to limit the spread of COVID-19.
Applicability: The waiver is applicable to annual HQS re-
inspections required to occur from April 10, 2020, through December
31, 2021, and for units that were not initially inspected because of
the PJ's use of a previous waiver under HUD's April 2020 Memo and/or
the December 2020 Memo which provided waivers in response to the
COVID-19 pandemic. PJs must make reasonable efforts to address any
tenant reported health and safety issues during the waiver period.
HUD encourages PJs to conduct ongoing inspections during the waiver
period to the greatest extent feasible and consistent with employee
and tenant safety. After December 31, 2021, all housing occupied by
households receiving HOME TBRA must meet the housing quality
standards (HQS) at 24 CFR 982.401. Within 180 days of the end of
this waiver period, PJs must physically inspect units that would
have been subject to inspections since the waiver period began on
April 10, 2020. This waiver does not apply to the lead hazard
reduction requirements at 24 CFR 35.1215. Consequently, units built
before 1978 must undergo visual evaluation and paint repair in
accordance with 24 CFR part 35, subpart M. PJs using this waiver
authority must establish
[[Page 14558]]
procedures to minimize the risk that tenants are in housing that
does not meet HQS.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.
<bullet> Regulation: 24 CFR 92.551(b)(1) and 24 CFR 92.64(a).
Project/Activity: Timeframe for a HOME participating
jurisdiction's response to findings of noncompliance.
Nature of Requirement: The regulations require that if HUD
determines that a participating jurisdiction has not met a provision
of the HOME regulations, the participating jurisdiction must be
notified and given an opportunity to respond within a time period
prescribed by HUD, not to exceed 30 days.
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 27, 2021.
Reason Waived: The waiver is necessary to permit HUD to provide
participating jurisdictions with an extended period to respond to
findings of noncompliance in recognition of the unanticipated
circumstances created by the COVID-19 pandemic. Requiring
participating jurisdictions to respond to all findings of
noncompliance within 30 days may interfere with a participating
jurisdiction's ability to address the unprecedented housing needs
caused by the COVID-19 pandemic.
Applicability: The waiver applies to all findings of HOME
regulatory noncompliance issued from April 10, 2020, through March
31, 2022. In the notice of findings, HUD will specify a time period
for the participating jurisdiction's response. HUD may also extend
time periods imposed before April 10, 2020. The waiver is available
to all HOME participating jurisdictions.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.
<bullet> Regulation: 24 CFR 93.151(c).
Project/Activity: Families displaced by the disaster (as
documented by FEMA registration) whose income documentation was
destroyed or made inaccessible by Hurricane Ida.
Nature of Requirement: This section of the HTF regulation
requires initial income determinations for HTF beneficiaries by
examining source documents covering the most recent two months. Many
families whose homes were destroyed or damaged by Hurricane Ida will
not have any documentation of income and will not be able to qualify
for HTF assistance if the requirement remains effective.
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 3, 2021, for LA, September 9, 2021, for
NY/NJ.
Reason Waived: This waiver permits the grantee to use self-
certification of income, as provided in section 93.151(d)(2), in
lieu of source documentation to determine initial eligibility of
persons displaced by Hurricane Ida for HTF assistance.
Applicability: This waiver applies only to families displaced by
the disaster (as documented by FEMA registration) whose income
documentation was destroyed or made inaccessible by Hurricane Ida
and remains in effect for six months from the date of this
memorandum. The grantee or, as appropriate, HTF project owner, is
required to maintain: (1) A record of FEMA registration to
demonstrate that a family was displaced by Hurricane Ida; and (2) a
statement signed by appropriate family members certifying to the
family's size and annual income and that the family's income
documentation was destroyed or is inaccessible.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, U.S. Department of Housing and Urban Development,
451 Seventh Street SW, Room 7160, Washington, DC 20410, telephone
(202) 708-2684.
<bullet> Regulation: 24 CFR 570.201(e)(1) or (2) and Section
105(a)(8) of the Housing and Community Development Act of 1974, as
amended (the Act).
Project/Activity: Any CDBG Entitlement grantee or State CDBG
Program unit of general local government assisting persons and
families who have registered with FEMA in connection with Hurricane
Ida upon notification by the grantee to the Community Planning and
Development Director in its respective HUD Field Office.
Nature of Requirement: The regulations at 24 CFR 570.201(e)
limit the amount of CDBG funds used for public services to no more
than 15 percent of the grantee's most recent CDBG grant plus 15
percent of program income received. Section 105(a)(8) sets forth the
limitation of no more than 15 percent of each grant to be used for
public services.
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 3, 2021.
Reason Waived: Several CDBG grantees, located within the
declared-disaster areas, were affected by Hurricane Ida. The waiver
granted will allow these grantees to expedite recovery efforts for
low and moderate income residents affected by this event; pay for
additional support services for affected individuals and families,
including, but not limited to, food, health, employment, and case
management services to help persons and families impacted by the
property loss and destruction caused by the hurricane and flooding;
and enable grantees to pay for the basic daily needs of individuals
and families affected by Hurricane Ida on an interim basis.
Contact: James E. H[ouml]emann, Director, Entitlement
Communities Division, Community Planning and Development, Department
of Housing and Urban Development, 451 Seventh Street SW, Room 7282,
Washington, DC 20410, telephone (202) 402-5716.
<bullet> Regulation: 24 CFR 570.201(e)(1) or (2) and Section
105(a)(8) of the Housing and Community Development Act of 1974, as
amended (the Act).
Project/Activity: Any CDBG Entitlement grantee or State CDBG
Program unit of general local government assisting persons and
families who have registered with FEMA in connection with the
remnants of Hurricane Ida upon notification by the grantee to the
Community Planning and Development Director in its respective HUD
Field Office.
Nature of Requirement: The regulations at 24 CFR 570.201(e)
limit the amount of CDBG funds used for public services to no more
than 15 percent of the grantee's most recent CDBG grant plus 15
percent of program income received. Section 105(a)(8) sets forth the
limitation of no more than 15 percent of each grant to be used for
public services.
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 9, 2021.
Reason Waived: Several CDBG grantees, located within the
declared-disaster areas, were affected by the remnants of Hurricane
Ida. The waiver granted will allow these grantees to expedite
recovery efforts for low and moderate income residents affected by
this event; pay for additional support services for affected
individuals and families, including, but not limited to, food,
health, employment, and case management services to help persons and
families impacted by the property loss and destruction caused by the
storm and flooding; and enable grantees to pay for the basic daily
needs of individuals and families affected by the remnants of
Hurricane Ida on an interim basis.
Contact: James E. H[ouml]emann, Director, Entitlement
Communities Division, Community Planning and Development, Department
of Housing and Urban Development, 451 Seventh Street SW, Room 7282,
Washington, DC 20410, telephone (202) 402-5716.
<bullet> Regulation: 24 CFR 570.207(b)(3) and Section 105(a) of
the Housing and Community Development Act of 1974, as amended (the
Act).
Project/Activity: Any CDBG Entitlement or State CDBG Program
grantee located in the counties included in the declared-disaster
area (see FEMA-DR-4611) seeking to expedite action in response to
Hurricane Ida, upon notification to the Community Planning and
Development Director in its respective HUD Field Office.
Nature of Requirement: The regulations at 24 CFR 570.207(b)(3)
prohibit the use of CDBG funds for the construction of new,
permanent residential structures. New housing construction is not
generally an eligible activity under Section 105 of HCDA. It may be
undertaken indirectly through CDBG assistance provided to Community
Based Development Organizations or other nonprofit entities
specified in Section 105(a)(15) of the HCDA.
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 3, 2021.
Reason Waived: HUD recognizes that Hurricane Ida caused damage
and destruction to a large number of housing units within the
declared-disaster areas. Allowing new housing construction will
[[Page 14559]]
enable CDBG grantees to replace affordable housing units that were
lost as a result of the hurricane and flooding. To expedite the
rebuilding process, HUD suspends Section 105(a) of HCDA and waives
24 CFR 570.207(b)(3) through the end of a grantee's 2022 program
year to permit grantees to directly use CDBG funds for new housing
construction activities to address damage from the hurricane. In
addition to the flexibility provided by the suspension of the
statute, grantees are encouraged to take advantage of the
reconstruction provisions at Section 105(a)(4) of HCDA.
Contact: James E. H[ouml]emann, Director, Entitlement
Communities Division, Community Planning and Development, Department
of Housing and Urban Development, 451 Seventh Street SW, Room 7282,
Washington, DC 20410, telephone (202) 402-5716.
<bullet> Regulation: 24 CFR 570.207(b)(4) (Entitlements).
Project/Activity: All Community Development Block Grant (CDBG)
grantees located within and outside declared disaster areas
assisting persons and families who have registered with FEMA in
connection with Hurricane Ida.
Nature of Requirement: The CDBG regulations at 24 CFR
570.207(b)(4) prohibit income payments, but permit emergency grant
payments for three months. ``Income payments'' means a series of
subsistence-type grant payments made to an individual or family for
items such as food, clothing, housing (rent or mortgage), or
utilities. Emergency grant payments made over a period of up to
three consecutive months to the providers of such items and services
on behalf of an individual or family are eligible public services.
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 3, 2021.
Reason Waived: HUD waives the provisions of 24 CFR 570.207(b)(4)
to permit emergency grant payments for items such as food, clothing,
housing (rent or mortgage), or utilities for up to six consecutive
months. While this waiver allows emergency grant payments to be made
for up to six consecutive months, the payments must still be made to
service providers as opposed to the affected individuals or
families. Many individuals and families have been forced to abandon
their homes due to the flooding and other damage associated with
Hurricane Ida. The waiver will allow CDBG grantees, including
grantees providing assistance to evacuees outside the declared-
disaster areas, to pay for the basic daily needs of individuals and
families affected by the hurricane on an interim basis. This
authority is in effect through the end of the grantee's 2022 program
year. This waiver aligns with waivers currently in effect for CDBG
coronavirus (CDBG-CV) grants. The six-month periods allowed by
waiver for CDBG and CDBG-CV shall not be used consecutively for the
same beneficiary.
Contact: James E. H[ouml]emann, Director, Entitlement
Communities Division, Community Planning and Development, Department
of Housing and Urban Development, 451 Seventh Street SW, Room 7282,
Washington, DC 20410, telephone (202) 402-5716.
<bullet> Regulation: 24 CFR 570.207(b)(3) and Section 105(a) of
the Housing and Community Development Act of 1974, as amended (the
Act).
Project/Activity: Any CDBG Entitlement or State CDBG Program
grantee located in the counties included in the declared-disaster
area (see FEMA-DR-4614 and FEMA-DR-4615) seeking to expedite action
in response to the remnants of Hurricane Ida, upon notification to
the Community Planning and Development Director in its respective
HUD Field Office.
Nature of Requirement: The regulations at 24 CFR 570.207(b)(3)
prohibit the use of CDBG funds for the construction of new,
permanent residential structures. New housing construction is not
generally an eligible activity under Section 105 of HCDA. It may be
undertaken indirectly through CDBG assistance provided to Community
Based Development Organizations or other nonprofit entities
specified in Section 105(a)(15) of the HCDA.
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 9, 2021.
Reason Waived: HUD recognizes that the remnants of Hurricane Ida
caused damage and destruction to a large number of housing units
within the declared-disaster areas. Allowing new housing
construction will enable CDBG grantees to replace affordable housing
units that were lost as a result of the hurricane remnants and
flooding. To expedite the rebuilding process, HUD suspends Section
105(a) of HCDA and waives 24 CFR 570.207(b)(3) through the end of a
grantee's 2022 program year to permit grantees to directly use CDBG
funds for new housing construction activities to address damage from
the remnants of the hurricane. In addition to the flexibility
provided by the suspension of the statute, grantees are encouraged
to take advantage of the reconstruction provisions at Section
105(a)(4) of HCDA.
Contact: James E. H[ouml]emann, Director, Entitlement
Communities Division, Community Planning and Development, Department
of Housing and Urban Development, 451 Seventh Street SW, Room 7282,
Washington, DC 20410, telephone (202) 402-5716.
<bullet> Regulation: 24 CFR 570.207(b)(4) (Entitlements).
Project/Activity: All Community Development Block Grant (CDBG)
grantees located within and outside declared disaster areas
assisting persons and families who have registered with FEMA in
connection with the remnants of Hurricane Ida.
Nature of Requirement: The CDBG regulations at 24 CFR
570.207(b)(4) prohibit income payments, but permit emergency grant
payments for three months. ``Income payments'' means a series of
subsistence-type grant payments made to an individual or family for
items such as food, clothing, housing (rent or mortgage), or
utilities. Emergency grant payments made over a period of up to
three consecutive months to the providers of such items and services
on behalf of an individual or family are eligible public services.
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 9, 2021.
Reason Waived: HUD waives the provisions of 24 CFR 570.207(b)(4)
to permit emergency grant payments for items such as food, clothing,
housing (rent or mortgage), or utilities for up to six consecutive
months. While this waiver allows emergency grant payments to be made
for up to six consecutive months, the payments must still be made to
service providers as opposed to the affected individuals or
families. Many individuals and families have been forced to abandon
their homes due to the flooding and other damage associated with the
remnants of Hurricane Ida. The waiver will allow CDBG grantees,
including grantees providing assistance to evacuees outside the
declared-disaster areas, to pay for the basic daily needs of
individuals and families affected by the remnants of the hurricane
on an interim basis. This authority is in effect through the end of
the grantee's 2022 program year. This waiver aligns with waivers
currently in effect for CDBG coronavirus (CDBG-CV) grants. The six-
month periods allowed by waiver for CDBG and CDBG-CV shall not be
used consecutively for the same beneficiary.
Contact: James E. H[ouml]emann, Director, Entitlement
Communities Division, Community Planning and Development, Department
of Housing and Urban Development, 451 Seventh Street SW, Room 7282,
Washington, DC 20410, telephone (202) 402-5716.
<bullet> Regulation: 24 CFR 574.310(b)(2).
Nature of Requirement: Section 574.310(b)(2) of the HOPWA
regulations provides minimum housing quality standards that apply to
all housing for which HOPWA funds are used for acquisition,
rehabilitation, conversion, lease, or repair; new construction of
single room occupancy dwellings and community residences; project or
tenant-based rental assistance; or operating costs under 24 CFR
574.300(b)(3), (4), (5), or (8).
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 3, 2021.
Reason Waived: This waiver is required to enable grantees and
project sponsors in areas covered by major disaster declaration DR-
4611-LA to expeditiously meet the critical housing needs of the many
eligible families in the declared disaster areas.
Applicability: The property standard requirements in 24 CFR
574.310(b)(2) are waived for units in areas covered under major
disaster declaration DR-4611-LA that are or will be occupied by
HOPWA eligible households, provided that the units are free of life-
threatening conditions as defined in Notice PIH 2017-20 (HA).
Grantees must ensure that these units meet HOPWA HQS within 60 days
of September 3, 2021.
Contact: Amy Palilonis, Office of HIV/AIDS Housing, Office of
Community Planning and Development, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 7248, Washington,
[[Page 14560]]
DC 20410, telephone (202) 402-5916. <a href="/cdn-cgi/l/email-protection#ff9e9286d193d18f9e9396939091968cbf978a9bd1989089"><span class="__cf_email__" data-cfemail="f1909c88df9ddf81909d989d9e9f9882b1998495df969e87">[email protected]</span></a>.
<bullet> Regulation: 24 CFR 574.310(b)(2).
Project/Activity: Property Standards for HOPWA.
Nature of Requirement: Section 574.310(b)(2) of the HOPWA
regulations provides minimum housing quality standards that apply to
all housing for which HOPWA funds are used for acquisition,
rehabilitation, conversion, lease, or repair; new construction of
single room occupancy dwellings and community residences; project or
tenant-based rental assistance; or operating costs under 24 CFR
574.300(b)(3), (4), (5), or (8).
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 9, 2021.
Reason Waived: This waiver is required to enable grantees and
project sponsors in areas covered by major disaster declarations DR-
4614-NJ and DR-4615-NY to expeditiously meet the critical housing
needs of the many eligible families in the declared disaster areas.
Applicability: The property standard requirements in 24 CFR
574.310(b)(2) are waived for units in areas covered under major
disaster declarations DR-4614-NJ and DR-4615-NY that are or will be
occupied by HOPWA eligible households, provided that the units are
free of life-threatening conditions as defined in Notice PIH 2017-20
(HA). Grantees must ensure that these units meet HOPWA HQS within 60
days of September 9, 2021.
Contact: Amy Palilonis, Office of HIV/AIDS Housing, Office of
Community Planning and Development, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410,
telephone (202) 402-5916. <a href="/cdn-cgi/l/email-protection#6b0a06124507451b0a070207040502182b031e0f450c041d"><span class="__cf_email__" data-cfemail="d4b5b9adfab8faa4b5b8bdb8bbbabda794bca1b0fab3bba2">[email protected]</span></a>.
<bullet> Regulation: 24 CFR 574.320(a)(2).
Project/Activity: Rent Standard for HOPWA Rental Assistance.
Nature of Requirement: Grantees must establish rent standards
for their rental assistance programs based on FMR (Fair Market Rent)
or the HUD-approved community-wide exception rent for unit size.
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 3, 2021.
Reason Waived: This waiver is required to enable HOPWA grantees
to expedite efforts to meet the critical housing needs of low-income
people living with HIV and their families in the areas covered under
major disaster declaration DR-4611-LA. Waiving the rent standard
requirement, while still requiring that the unit be rent reasonable
in accordance with Sec. 574.320(a)(3), will make more units
available to HOPWA eligible individuals and families in need of
permanent housing in the declared-disaster areas.
Applicability: The rent standard requirement is waived for any
rent amount that takes effect during the two-year period beginning
on September 3, 2021, for any individual or family who is renting or
executes a lease for a unit in the areas covered under major
disaster declaration DR-4611-LA. Grantees and project sponsors must
still ensure the reasonableness of rent charged for units in the
declared-disaster areas in accordance with Sec. 574.320(a)(3).
Contact: Amy Palilonis, Office of HIV/AIDS Housing, Office of
Community Planning and Development, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410,
telephone (202) 402-5916. <a href="/cdn-cgi/l/email-protection#6a0b07134406441a0b060306050403192a021f0e440d051c"><span class="__cf_email__" data-cfemail="a0c1cdd98ecc8ed0c1ccc9cccfcec9d3e0c8d5c48ec7cfd6">[email protected]</span></a>.
<bullet> Regulation: 24 CFR 574.320(a)(2).
Project/Activity: Rent Standard for HOPWA Rental Assistance.
Nature of Requirement: Grantees must establish rent standards
for their rental assistance programs based on FMR (Fair Market Rent)
or the HUD-approved community-wide exception rent for unit size.
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 9, 2021.
Reason Waived: This waiver is required to enable HOPWA grantees
to expedite efforts to meet the critical housing needs of low-income
people living with HIV and their families in the areas covered under
major disaster declarations DR-4614-NJ and DR-4615-NY. Waiving the
rent standard requirement, while still requiring that the unit be
rent reasonable in accordance with Sec. 574.320(a)(3), will make
more units available to HOPWA eligible individuals and families in
need of permanent housing in the declared-disaster areas.
Applicability: The rent standard requirement is waived for any
rent amount that takes effect during the two-year period beginning
on September 9, 2021, for any individual or family who is renting or
executes a lease for a unit in the areas covered under major
disaster declarations DR-4614-NJ and DR-4615-NY. Grantees and
project sponsors must still ensure the reasonableness of rent
charged for units in the declared-disaster areas in accordance with
Sec. 574.320(a)(3).
Contact: Amy Palilonis, Office of HIV/AIDS Housing, Office of
Community Planning and Development, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410,
telephone (202) 402-5916. <a href="/cdn-cgi/l/email-protection#e1808c98cf8dcf91808d888d8e8f8892a1899485cf868e97"><span class="__cf_email__" data-cfemail="5938342077357729383530353637302a19312c3d773e362f">[email protected]</span></a>.
<bullet> Regulation: 24 CFR 574.530.
Project/Activity: HOPWA Source Documentation for Income and HIV
Status Determinations.
Nature of Requirement: Each grantee must maintain records to
document compliance with HOPWA requirements, which includes
determining the eligibility of a family to receive HOPWA assistance.
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 3, 2021.
Reason Waived: This waiver will permit HOPWA grantees and
project sponsors, located within and outside of the areas covered
under major disaster declaration DR-4611-LA, to rely upon a family
member's self-certification of income and credible information on
their HIV status (such as knowledge of their HIV-related medical
care) in lieu of source documentation to determine eligibility for
HOPWA assistance for individuals and families displaced by the
disaster. Many individuals and families displaced by the disaster
whose homes have been destroyed or damaged will not have immediate
access to documentation of income or medical records and, without
this waiver, will be unable to document their eligibility for HOPWA
assistance.
Applicability: This waiver is available to HOPWA grantees,
located within and outside of the areas covered under major disaster
declaration DR-4611-LA, to assist displaced persons and families who
have registered with FEMA in connection with Hurricane Ida. Grantees
must require written certification of HIV status and income of such
individuals and families seeking assistance and obtain source
documentation of HIV status and income eligibility within six months
of September 3, 2021.
Contact: Amy Palilonis, Office of HIV/AIDS Housing, Office of
Community Planning and Development, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410,
telephone (202) 402-5916. <a href="/cdn-cgi/l/email-protection#accdc1d582c082dccdc0c5c0c3c2c5dfecc4d9c882cbc3da"><span class="__cf_email__" data-cfemail="42232f3b6c2e6c32232e2b2e2d2c2b31022a37266c252d34">[email protected]</span></a>.
<bullet> Regulation: 24 CFR 574.530.
Project/Activity: HOPWA Source Documentation for Income and HIV
Status Determinations.
Nature of Requirement: Each grantee must maintain records to
document compliance with HOPWA requirements, which includes
determining the eligibility of a family to receive HOPWA assistance.
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 9, 2021.
Reason Waived: This waiver will permit HOPWA grantees and
project sponsors, located within and outside of the areas covered
under major disaster declarations DR-4614-NJ and DR-4615-NY, to rely
upon a family member's self-certification of income and credible
information on their HIV status (such as knowledge of their HIV-
related medical care) in lieu of source documentation to determine
eligibility for HOPWA assistance for individuals and families
displaced by the disaster. Many individuals and families displaced
by the disaster whose homes have been destroyed or damaged will not
have immediate access to documentation of income or medical records
and, without this waiver, will be unable to document their
eligibility for HOPWA assistance.
Applicability: This waiver is available to HOPWA grantees,
located within and outside of the areas covered under major disaster
declarations DR-4614-NJ and DR-4615-NY, to assist displaced persons
and families who have registered with FEMA in connection with
Hurricane Ida. Grantees must require written certification of HIV
status and income of such individuals and families seeking
assistance and obtain source documentation of HIV status and income
eligibility within six months of September 9, 2021.
Contact: Amy Palilonis, Office of HIV/AIDS Housing, Office of
Community
[[Page 14561]]
Planning and Development, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410,
telephone (202) 402-5916. <a href="/cdn-cgi/l/email-protection#5b3a36227537752b3a373237343532281b332e3f753c342d"><span class="__cf_email__" data-cfemail="4a2b27336426643a2b262326252423390a223f2e642d253c">[email protected]</span></a>.
<bullet> Regulation: 24 CFR 576.106(a), 576.105(a)(5), and
576.105(b)(2).
Project/Activity: The 24-month limits on rental assistance and
housing relocation and stabilization services are waived for
individuals and families who meet both of the following criteria:
1. The individual or family lives in a declared-disaster area or
was displaced from a declared-disaster area as a result of Hurricane
Ida; and
2. The individual or family is currently receiving rental
assistance or housing relocation stabilization services or begins
receiving rental assistance or housing relocation stabilization
services within two years after the date of this memorandum.
For these individuals and families, ESG funds may be used to
provide up to thirty-six consecutive months of rental assistance,
utility payments, and housing stability case management, in addition
to the 30 days of housing stability case management that may be
provided before the move into permanent housing under 24 CFR
576.105(b)(2). HUD will also consider further waiver requests to
allow assistance to be provided for longer than three years, if the
recipient demonstrates good cause.
Nature of Requirement: The ESG regulation at 24 CFR 576.106(a)
prohibits a program participant from receiving more than 24 months
of ESG rental assistance during any three-year period. Section
576.105(a)(5) prohibits a program participant from receiving more
than 24 months of utility payments under ESG during any three-year
period. Section 576.105(b)(2) limits the provision of housing
stability case management to 30 days while the program participant
is seeking permanent housing.
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 3, 2021, for LA--September 9, 2021, for
NY/NJ.
Reason Waived: Waiving the 24-month caps on rental assistance,
utility payments, and housing stability case management assistance
will assist individuals and families, both those already receiving
assistance and those who will receive assistance subsequent to the
date of this memorandum, to maintain stable permanent housing in
place or in another area and help them return to their hometowns, as
desired, when additional permanent housing is available.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.
<bullet> Regulation: 24 CFR 576.106(d)(1).
Project/Activity: The FMR restriction is waived for any rent
amount that takes effect during the two-year period beginning on the
date that the waiver appeared in the Federal Register for any
individual or family who is renting or executes a lease for a unit
in a declared-disaster area. However, the affected recipients and
their subrecipients must still ensure that the unit in which ESG
assistance is provided to these individuals and families meet the
rent reasonableness standard. HUD will consider requests to waive
the FMR restriction for rent amounts that take effect after the two-
year period, if a recipient demonstrates good cause.
Nature of Requirement: Under 24 CFR 576.106(d)(1), rental
assistance cannot be provided unless the total rent is equal to or
less than the FMR established by HUD, as provided under 24 CFR part
888, and complies with HUD's standard of rent reasonableness, as
established under 24 CFR 982.507.
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 3, 2021, for LA--September 9, 2021, for
NY/NJ.
Reason Waived: This waiver is required to enable ESG recipients
to meet the critical housing needs of individuals and families whose
housing was damaged or who were displaced due to the severe winter
weather. Waiving the FMR restriction will make more units available
to individuals and families in need of permanent housing.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.
<bullet> Regulation: 24 CFR 576.403(c).
Project/Activity: The ESG housing standards at 24 CFR 576.403(c)
are waived for units in the declared disaster area that are or will
be occupied by individuals or families eligible for ESG Rapid Re-
housing or Homelessness Prevention assistance, provided that:
1. Each unit must still meet applicable state and local
standards;
2. Each unit must be free of life-threatening conditions as
defined in Notice PIH 2017-20 (HA); and
3. Recipients assure all units in which program participants are
assisted meet the ESG housing standards within 60 days of the date
of this memorandum.
Nature of Requirement: If ESG funds are used to help a program
participant remain in or move into housing, the housing must meet
the minimum habitability standards provided in 24 CFR 576.403(c).
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 3, 2021, for LA--September 9, 2021, for
NY/NJ.
Reason Waived: This waiver is needed to enable ESG recipients to
expeditiously meet the critical housing needs of many eligible
individuals and families in the declared disaster area.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.
<bullet> Regulation: 24 CFR 576.403(b).
Project/Activity: The shelter standard standards at 24 CFR
576.403(b) are waived for shelters in the declared disaster area
that are or will be occupied by individuals and families eligible
for ESG emergency shelter assistance, provided that:
1. Each shelter must meet applicable state and local standards;
2. Each shelter must be free of life-threatening conditions
defined in Notice PIH 2017-20 (HA); and
3. Recipients must ensure that these shelters meet ESG shelter
standards within 60 days of the date of this memorandum.
Nature of Requirement: If ESG funds are used for shelter
operations costs, the shelter must meet the minimum safety,
sanitation and privacy standards under 24 CFR 576.403(b). If ESG
funds are used to convert a building into a shelter, rehabilitation
a shelter, or otherwise renovate a shelter, the shelter must meet
the minimum safety, sanitation, and privacy standards in 24 CFR
576.403(b) as well as applicable state or local government safety
and sanitation standards.
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 3, 2021 for LA--September 9, 2021 for
NY/NJ.
Reason Waived: This waiver is needed to enable ESG recipients to
expeditiously meet the critical emergency shelter needs of many
eligible individuals and families in the declared disaster area.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.
<bullet> Regulation: 24 CFR 576.203(b).
Project/Activity: The expenditure deadline is waived for rapid
re-housing and homelessness prevention costs, along with reasonable
related HMIS and administrative costs. Unless otherwise waived for
an individual recipient, any draw made after 24 months from the date
HUD signs the grant agreement must be for rapid re-housing or
homelessness prevention assistance or for costs related to HMIS data
entry related to these activities and administrative costs related
to carrying out these activities.
Nature of Requirement: A recipient must expend grant funds
within 24 months after the date HUD signs the grant agreement with
the recipient. Expenditure means an actual cash disbursement for a
direct charge for a good or service or an indirect cost accrual of a
direct charge for a good or service or an indirect cost.
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 3, 2021, for LA--September 9, 2021, for
NY/NJ.
Reason Waived: Extending the expenditure deadline for rapid re-
housing and homelessness prevention assistance, along with
reasonable related HMIS and administrative costs will allow
recipients to provide more than 24 months of rapid re-housing and
homelessness prevention
[[Page 14562]]
assistance from a single ESG grant as permitted by the waivers of
24-month limits on rental assistance and housing relocation and
stabilization services and the FMR restriction granted on September
3, 2021, for LA and September 9, 2021, for NY/NJ.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.
<bullet> Regulation: 24 CFR 578.37(a)(1)(ii), 24 CFR
578.37(a)(1)(ii)(C), and 24 CFR 578.51(a)(1)(i).
Project/Activity: For two years from the date of the waiver, the
24-month limit on rental assistance is waived for individuals and
families who meet the following criteria:
1. The individual or family lives in a declared-disaster area or
was displaced from a declared-disaster area as a result of Hurricane
Ida; and
2. The individual or family is currently receiving rental
assistance or begins receiving rental assistance within two years
after the date of this memorandum.
Nature of Requirement: The CoC Program regulation at 24 CFR
578.37(a)(1)(ii) and 24 CFR 578.51(a)(1)(i) defines medium-term
rental assistance as 3 to 24 months and 24 CFR 578.37(a)(1)(ii) and
24 CFR 578.37(a)(1)(ii)(C) limits rapid re-housing projects to
medium-term rental assistance, or no more than 24 months.
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 3, 2021, for LA--September 9, 2021, for
NY/NJ.
Reason Waived: Waiving the 24-month cap on rapid re-housing
rental assistance will assist individuals and families affected by
Hurricane Ida and the flooding, including those already receiving
rental assistance as well as those who will receive rental
assistance within 2 years of the date of this memorandum, to
maintain stable permanent housing in another area and help them
return to their hometowns, as desired, when additional permanent
housing becomes available. It will also provide additional time to
stabilize individuals and families in permanent housing where
vacancy rates are extraordinarily low due to the hurricane and
flooding. Experience with prior disasters has shown us some program
participants need additional months of rental assistance to identify
and stabilize in housing of their choice, which can mean moving
elsewhere until they are able to return to their hometowns.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.
<bullet> Regulation: 24 CFR 578.3, definition of permanent
housing, 24 CFR 578.51(l)(1).
Project/Activity: The one-year lease requirement is waived for
two years beginning on the date of the waiver, so long as the
initial lease term of all leases is for one month or more, and the
leases are renewable for terms that are a minimum of one month long
and the leases are terminable only for cause.
Nature of Requirement: The CoC Program regulations at 24 CFR
578.3, definition of permanent housing, and 24 CFR 578.51(l)(1)
require program participants residing in permanent housing to be the
tenant on a lease for a term of one year that is renewable and
terminable for cause.
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 3, 2021, for LA--September 9, 2021, for
NY/NJ.
Reason Waived: Waiving the one-year lease requirement will allow
program participants receiving PSH or RRH assistance under the CoC
Program to enter into leases that have an initial term of less than
one year, so long as the leases have an initial term of one month or
more. While some program participants desire to identify new
housing, many program participants displaced during the disaster
desire to return to their original permanent housing units when
repairs are complete because of proximity to schools and access to
public transportation and services. Additionally, it will permit new
program participants to identify permanent housing units in a tight
rental market where many landlords prefer lease terms of less than
one year and might not be willing to alter their policies regarding
the length of lease terms when considering permanent housing
applicants. Therefore, HUD had determined that waiving the one-year
lease requirement will improve the housing options available to
program participants in permanent housing projects.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.
<bullet> Regulation: 24 CFR 578.53(e)(2).
Project/Activity: The one-time limit on moving costs is waived
for two years beginning on the date of the waiver.
Nature of Requirement: The CoC Program regulation at 24 CFR
578.53(e)(2) limits recipients of supportive service funds to using
those funds to pay for moving costs to provide reasonable moving
assistance, including truck rental and hiring a moving company, to
only one-time per program participant.
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 3, 2021, for LA--September 9, 2021, for
NY/NJ.
Reason Waived: Waiving this provision will permit recipients to
pay for reasonable moving costs for program participants more than
once and will assist program participants affected by Hurricane Ida
as well as those who become homeless in the areas impacted by
Hurricane Ida to stabilize in housing locations of their choice.
Many current program participants received assistance moving into
their assisted units prior to being displaced by Hurricane Ida and
experience with prior disasters has shown us some program
participants will need additional assistance moving to a new unit
while others will need assistance moving back to their original
units after repairs are completed. Further, until the housing market
stabilizes, experience has shown many program participants will need
to move more than once during their participation in a program to
find a unit that best meets their needs.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.
<bullet> Regulation: 24 CFR 578.49(b)(2).
Project/Activity: The FMR restriction is waived for any lease
executed by a recipient or subrecipient to provide transitional or
permanent supportive housing during the 2-year period beginning on
the date of this memorandum. The affected recipient or subrecipient
must still ensure that rent paid for individual units that are
leased with CoC Program leasing dollars meet the rent reasonableness
standard in 24 CFR 578.49(b)(2).
Nature of Requirement: The CoC Program regulation at 24 CFR
578.49(b)(2) prohibits a recipient from using grant funds for
leasing to pay above FMR when leasing individual units, even if the
rent is reasonable when compared to other similar, unassisted units.
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 9, 2021, for NY/NJ.
Reason Waived: Waiving the limit on using grant using leasing
funds to pay above FMR for individual units above FMR, but not
greater than reasonable rent will provide recipients and
subrecipients with more flexibility in identifying housing options
for program participants in disaster-declared areas. The rental
market in areas impacted by disasters are often more expensive after
the disaster due to decreased housing stock and increased rents.
These more expensive rents are not reflected in the HUD-determined
FMRs.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.
II. Regulatory Waivers Granted by the Office of Housing--Federal
Housing Administration (FHA)
For further information about the following regulatory waivers,
please see the name of the contact person that immediately follows
the description of the waiver granted.
<bullet> Regulation: 2 CFR 200, Subpart F, Appendix IV,
Paragraph C.2.f.
Project/Activity: Comprehensive Housing Counseling Grantees.
Nature of Requirement: Provisional and final indirect cost rates
must be negotiated where neither predetermined nor fixed rates
[[Page 14563]]
are appropriate. At the close of an organization's fiscal year, a
final rate will be established and upward or downward adjustments
will be made based on the actual allowable costs incurred for the
period involved.
Granted by: Lopa P. Kolluri, Principal Deputy Assistant
Secretary for Housing, Federal Housing Commission.
Date Granted: September 29, 2021.
Reason Waived: A change in contract service providers led to
significant backlog in processing negotiated indirect cost rate
agreement (NICRA) proposals. For Housing Counseling Program grantees
that are dependent on approval of a NICRA associated with housing
counseling activities, the current backlog continues to delay final
closeout activities for grants for previous Fiscal Years. Requiring
grantees to finalize indirect cost rates for previous Fiscal Years
where grant funds that have already been expended and where OHC has
performed closeout activities using the provisional rate exacerbates
the existing backlog in obtaining final rates for current and future
grantees.
Contact: Brian Siebenlist, Director, Office of Housing
Counseling, Office of Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 9224, Washington, DC 20410,
telephone (202) 402-5415.
<bullet> Regulation: 24 CFR 200.54(b).
Project/Activity: Projects insured under National Housing Act
Section 213 and Section 221(d)(4).
Nature of Requirement: 24 CFR 200.54(b), requires that an
agreement acceptable to the Commissioner shall require that funds
provided by the mortgagor under requirements of this section must be
disbursed in full for project work, material, and incidental charges
and expenses before disbursement of any mortgage proceeds.
Granted by: Lopa P. Kolluri, Principal Deputy Assistant
Secretary for the Office of Housing--Federal Housing Administration.
Date Granted: July 5, 2021.
Reason Waived: The partial waiver will allow mortgage proceeds
resulting from the initial issuance of a mortgage-backed security
guaranteed by the Government National Mortgage Association to be
disbursed immediately upon receipt but limited to no more than one
half percent (0.5%) of the initially endorsed loan amount for
projects insured under National Housing Act Section 213 and Section
221(d)(4) only when the required Borrower equity exceeds the amount
of the initial construction draw at closing.
Contact: Zachary Skochko, Senior Production Specialist,
Multifamily Housing, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street SW, Room 6140, Washington, DC
20410, telephone (202) 402-7112, <a href="/cdn-cgi/l/email-protection#643e05070c05161d4a374a370f0b070c0f0b240c11004a030b12"><span class="__cf_email__" data-cfemail="a8f2c9cbc0c9dad186fb86fbc3c7cbc0c3c7e8c0ddcc86cfc7de">[email protected]</span></a>.
<bullet> Regulation: 24 CFR 242.49(a).
Project/Activity: Regents of the University of New Mexico d/b/a
University of New Mexico Hospital, Albuquerque, NM.
Nature of Requirements: 24 CFR 242.49(a) states that, where HUD
requires the mortgagor to make a deposit of cash or securities, such
deposit shall be with the mortgagee or with a depository acceptable
to the mortgage and HUD. Any such deposit shall be held in a
separate account for and on behalf of the mortgagor and shall be the
responsibility of that mortgagee or depository.
Granted By: Lopa P. Kolluri, Principal Assistant Secretary for
Housing Federal Housing Commissioner.
Date Granted: August 26, 2021.
Reason Waived: The Regents of the University of New Mexico is
contributing a large equity contribution in conjunction with a Sec.
241 supplemental HUD insured mortgage to complete the construction
of a new Adult Acute Care Replacement Hospital. The regulatory
waiver of 24 CFR 242.49(a) is necessary to allow the mortgagor to
hold funds needed to complete the project.
The Regents of the University of New Mexico is a component unit
of New Mexico State Government and approvals for the transfer of
equity funds to a lender sponsored account would be time intensive
and could negatively impact the construction schedule. Efforts to
meet the construction timeline are highly important due to the
COVID-19 pandemic which has caused uncertainty in the supply chain
for construction commodities. A delay in the construction schedule
could materially impair the project cost and the ability for the
mortgagor to complete this highly needed project for the benefit of
healthcare delivery in its community. The mortgagor's excellent
historical track record with HUD and performance in the 242
portfolio further supports this waiver request.
Contact: Paul Giaudrone, Underwriting Director, Office of
Hospital Facilities, Office of Healthcare Programs, Office of
Housing, Department of Housing and Urban Development, 409 3rd Street
SW, Washington, DC 20024, telephone (202) 578-2027.
<bullet> Regulation: 24 CFR 3282.14(b), Alternative construction
of manufactured homes, 1/16/84.
Project/Activity: Regulatory Waiver for Industry-Wide
Alternative Construction Letter for Window Standard.
Nature of Requirement: 24 CFR 3282.14(b), Request for
Alternative Construction, requires manufactured housing
manufacturers to submit a request for Alternative Construction
consideration for the use of construction designs or techniques that
do not conform with HUD Standards, to receive permission from HUD to
utilize such designs or techniques in the manufacturing process for
manufactured homes.
Granted by: Lopa P. Kolluri, Principal Deputy Assistant
Secretary for Housing--Federal Housing Administration.
Date Granted: August 5, 2021.
Reason Waived: Due to ongoing materials shortages affecting the
manufactured home industry, it was necessary to extend the
Regulatory Waiver initially approved in April 2020 and renewed in
December 2020, to allow an alternative window standard to be used
for the construction of HUD Code-compliant manufactured homes. This
regulatory waiver was granted to allow the Office of Manufactured
Housing Programs to provide an industry-wide Alternative
Construction approval letter that could be used by any manufacturer
experiencing supply chain issues for windows. The regulatory waiver
is good through June 30, 2022.
Contact: Teresa B. Payne, Administrator, Office of Manufactured
Housing Programs, Office of Housing, 451 Seventh Street SW, Room
9168, Washington, DC 20410-0800, telephone (202) 402-5365,
<a href="/cdn-cgi/l/email-protection#37635245524456197b1967564e5952775f425319505841"><span class="__cf_email__" data-cfemail="76221304130517583a5826170f1813361e031258111900">[email protected]</span></a>.
<bullet> Regulation: 24 CFR 3282.14(b), Alternative construction
of manufactured homes, 1/16/84.
Project/Activity: Regulatory Waiver for Industry-Wide
Alternative Construction Letter for Electrical Circuit Breakers for
Water Heater Installations.
Nature of Requirement: 24 CFR 3282.14(b), Request for
Alternative Construction, requires manufactured housing
manufacturers to submit a request for Alternative Construction
consideration for the use of construction designs or techniques that
do not conform with HUD Standards, to receive permission from HUD to
utilize such designs or techniques in the manufacturing process for
manufactured homes.
Granted by: Lopa P. Kolluri, Principal Deputy Assistant
Secretary for Housing--Federal Housing Administration.
Date Granted: August 5, 2021.
Reason Waived: Many manufactured home manufacturers are
currently facing shortages in the supply of 25-ampere (amp), double-
pole circuit breaks that are necessary for Rheem brand 4,500-watt,
240-volt water heater installations to conform to HUD's circuit
break sizing standards. Alternative circuit breaker options are
available that provide performance equivalent or superior to that
required by the Standards yet cannot be utilized without an
Alternative Construction approval. To resolve this matter for the
whole industry in an expedient manner while protecting the health
and safety of consumers and maintaining durability of the homes,
this regulatory waiver was granted to allow the Office of
Manufactured Housing Programs to provide an industry-wide
Alternative Construction approval letter that could be used by any
manufacturer experiencing supply chain issues for 25-amp circuit
breakers to use an alternative electrical circuit breaker size to be
used for the construction of HUD Code-compliant manufactured homes
through December 31, 2021.
Contact: Teresa B. Payne, Administrator, Office of Manufactured
Housing Programs, Office of Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 9168, Washington, DC 20410-
0800, telephone (202) 402-5365, <a href="/cdn-cgi/l/email-protection#742011061107155a385a24150d1a11341c01105a131b02"><span class="__cf_email__" data-cfemail="16427364736577385a3846776f7873567e637238717960">[email protected]</span></a>.
III. HUD's Summary of CARES Act Notices Providing Waivers 6/30/21 to 9/
30/21
Office of Community Planning and Development (CPD)
Authority: Coronavirus Aid, Relief, and Economic Security Act
(CARES Act).
[[Page 14564]]
<bullet> Notice CPD 21-08: Waivers and Alternative Requirements
for the Emergency Solutions Grants (ESG) Program Under the CARES Act
available at: <a href="https://www.hud.gov/sites/dfiles/OCHCO/documents/2021-08cpdn.pdf">https://www.hud.gov/sites/dfiles/OCHCO/documents/2021-08cpdn.pdf</a>.
Date Issued: July 19, 2021.
Description: Notice CPD-21-08 (the ESG-CV Notice) includes and
explains multiple statutory and regulatory waivers HUD provided for
ESG grants funded by the CARES Act (ESG-CV grants), as well as
alternative requirements and applicable statutory and regulatory
requirements for those grants. The waivers and alternative
requirements in the ESG-CV Notice were made using special authority
under the CARES Act, as further explained in section III of the ESG-
CV Notice. The same waivers and alternative requirements were also
made applicable to FY2020 and prior fiscal year ESG funds an ESG
recipient uses to prevent, prepare for, and respond to the
coronavirus pandemic until September 30, 2022, subject to the
additional conditions explained in section IV of the ESG-CV Notice.
This ESG-CV Notice was issued by James Arthur Jemison II, Principal
Deputy Assistant Secretary for Community Planning and Development,
and supersedes the initial ESG-CV Notice (Notice CPD-20-08) that was
issued on September 1, 2020. Questions about the waivers provided in
Notice CPD-21-08 should be directed to Norm Suchar, Director, Office
of Special Needs Assistance Programs, Department of Housing and
Urban Development, 451 Seventh Street SW, Room 7266, Washington, DC
20410 or <a href="/cdn-cgi/l/email-protection#da9f899df7998c9ab2afbef4bdb5ac"><span class="__cf_email__" data-cfemail="a9ecfaee84eaffe9c1dccd87cec6df">[email protected]</span></a>.
[FR Doc. 2022-05353 Filed 3-14-22; 8:45 am]
BILLING CODE 4210-67-P
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</html>This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.